U.S. Environmental Protection Agency 12/30/2009 

Polybrominated Diphenyl Ethers (PBDEs)

Action Plan

I. Overview

Polybrominated diphenyl ethers (PBDEs) have been widely used as flame retardants in a 

number of applications. Three commercial PBDE mixtures have been produced and used in the 

United States and elsewhere: commercial pentabromodiphenyl ether (c-pentaBDE), commercial 

octabromodiphenyl ether (c-octaBDE), and commercial decabromodiphenyl ether (c-decaBDE). 

Although manufacture and import of c-pentaBDE and c-octaBDE were phased out in 2004, 

PBDE congeners associated with those mixtures continue to be found in humans and the 

environment. Some reports indicate that levels are continuing to increase. Imported articles 

treated with c-pentaBDE and c-octaBDE could be a source of human and environmental 

exposure to these PBDE congeners. c-DecaBDE is still manufactured and used in the United 

States. Data suggest that debromination, physical or metabolic removal of bromine atoms, may 

convert decaBDE to more toxic PBDE congeners, contributing further to the potential risk from 

exposure to these congeners. 

EPA is concerned that some of the component congeners are persistent, bioaccumulative and 

toxic and intends to initiate a number of actions to limit the exposure and release of PBDE 

congeners and/or articles to which they have been added. These actions are to: (1) Initiate 

rulemaking to propose a TSCA significant new use rule (SNUR) for the manufacture or import 

of articles to which c-pentaBDE or c-octaBDE has been added (a notice of proposed rulemaking 

is intended to publish in late 2010); (2) support and encourage the voluntary phase-out of the 

manufacture and import of c-decaBDE; (3) initiate rulemaking to simultaneously propose a 

SNUR and a test rule for c-decaBDE in late 2010 (the SNUR would designate manufacture 

(including import) of c-decaBDE or articles to which c-decaBDE has been added as a significant 

new use and the test rule under section 4 of TSCA would require development of information 

necessary to determine the effects that manufacturing, use or other activities involving cdecaBDE have on human health or the environment); (4) initiate rulemaking under Section 

5(b)(4) of TSCA to add the commercial PBDE mixtures and/or the congeners they contain to the 

list of chemicals which present or may present an unreasonable risk to health or the environment 

(a notice of proposed rulemaking is intended to publish in autumn, 2010);and (5) develop an 

alternatives analysis for c-decaBDE (intended to begin in spring 2010). 

As part of its efforts to address PBDEs, EPA intends to evaluate the potential for 

disproportionate impact on children and other vulnerable populations. 

II. Introduction 

 As part of EPA's efforts to enhance the existing chemicals program under the Toxic 

Substances Control Act (TSCA)1, the Agency identified an initial list of widely recognized 

chemicals, including polybrominated diphenyl ethers (PBDEs), for action plan development 

based on their presence in humans and the environment; their persistence, and toxicity; their use 

 

1

 15 U.S.C. §2601 et seq.
U.S. Environmental Protection Agency 12/30/2009 

2

in consumer products; their production volume; or other similar factors. This Action Plan is 

based on EPA’s initial review of readily available use, exposure, and hazard information on 

PBDEs. EPA considered which of the various authorities provided under TSCA and other 

statutes might be appropriate to address potential concerns with PBDEs in developing the Action 

Plan. The Action Plan is intended to describe the courses of action the Agency plans to pursue in 

the near term to address its concerns. The Action Plan does not constitute a final Agency 

determination or other final Agency action. Regulatory proceedings indicated by the Action Plan 

will include appropriate opportunities for public and stakeholder input, including through notice 

and comment rulemaking processes.

 

III. Scope of Review

This action plan addresses uses of the three commercial PBDE mixtures as flame 

retardants and concerns for human and environmental exposure resulting from their use. 

 The PBDEs are a family of chemicals with a common structure of a brominated diphenyl 

ether molecule which may have anywhere from one to ten bromine atoms attached. (Figure 1). 

Figure 1. Brominated diphenyl molecule 

O

Br x Br y

x + y = 4 - 10

 Each individual PBDE variant, distinguished from others by both the number of bromine 

atoms and the placement of those atoms, is referred to as a congener. For example, there are 42 

tetrabromodiphenyl ether congeners, each with four bromine atoms in different configurations. 

Specific congeners, also known as isomers, in which both the number and location of bromine 

atoms is specified are given numbers, e.g., BDE-47. In theory, there could be as many as 209 

PBDE congeners, but a much smaller number of congeners are commonly found in the 

commercial PBDE products and in measurements of PBDEs in humans and the environment 

(Table 1). Scientific studies, particularly those measuring presence of PBDEs in tissues and the 

environment, often repot their findings by BDE number. 

 PBDE congeners can be grouped according to the number of bromine atoms present in 

the molecule. TSCA inventory listings and regulations for PBDEs are based on these groups. 

(Table 2). The congeners used in flame retardants have between four and ten bromine atoms. 

EPA regulations of PBDEs generally apply to congeners grouped according to number of 

bromine atoms rather than specific congener/isomers designated by BDE number. 

There are three types of commercial PBDE products, c-pentaBDE, c-octaBDE, and cdecaBDE, each contains a mixture of PBDE congeners (see Table 3). 
U.S. Environmental Protection Agency 12/30/2009 

3

Table 1. Selected PBDE Congeners

Congener Number of 

Bromine Atoms 

Chemical Name 

BDE-28 

BDE-47 

BDE-85 

BDE-99 

BDE-100 

BDE-153 

BDE-154 

BDE-183 

BDE-197 

BDE-206 

BDE-209 

3 

4 

5 

5 

5 

6 

6 

7 

8 

9 

10 

2,4,4’-tribromodiphenyl ether 

2,2’,4,4’-tetrabromodiphenyl ether 

2,2’,3,4,4’-pentabromodiphenyl ether 

2,2’,4,4’,5-pentabromodiphenyl ether 

2,2’,4,4’,6-pentabromodiphenyl ether 

2,2’,4,4’,5,5’-hexabromodiphenyl ether 

2,2’,4,4’,5,6’-hexabromodiphenyl ether 

2,2’,3,4,4’,5’,6-heptabromodiphenyl ether 

2,2’,3,3’,4,4’,6,6’-octabromodiphenyl ether 

2,2’,3,3’,4,4’,5,5’,6-nonabromodiphenyl ether 

2,2’,3,3’,4,4’,5,5’,6,6’-decabromodiphenyl ether 

Table 2. PBDE Congener Groups

Common Name CAS Index Name CASRN Number 

Br atoms 

TetraBDE Benzene, 1,1'-oxybis-, tetrabromo derivative 40088-47-9 4 

PentaBDE Benzene, 1,1'-oxybis-, pentabromo derivative 32534-81-9 5 

HexaBDE Benzene, 1,1'-oxybis-, hexabromo derivative 36483-60-0 6 

HeptaBDE Benzene, 1,1'-oxybis-, heptabromo derivative 68928-80-3 7 

OctaBDE Benzene, 1,1'-oxybis-, octabromo derivative 32536-52-0 8 

NonaBDE Benzene, 1,1’-oxybis-, nonabromo derivative 63936-56-1 9 

DecaBDE. Benzene, 1,1'-oxybis-, 2,3,4,5,6-pentabromo- 1163-19-5 10 

 

Table 3. Congeners In Commercial PBDE Mixtures

Commercial Mixture Major components Minor components 

c-pentaBDE tetraBDE 

pentaBDE 

hexaBDE 

c-octaBDE heptaBDE 

octaBDE 

hexaBDE 

nonaBDE 

decaBDE 

c-decaBDE decaBDE nonaBDE 

 A small number of the PBDE congeners are found most frequently, and in the greatest 

concentrations, in human and environmental samples. BDE-47 tends to be found more 

frequently than other congeners in measurements from humans, fish and other biota, followed by 

BDEs 99, 100, 153 and 154. In measurements of environmental media, like some samples of 

house dust, sediments, and indoor air, BDE-209 (decaBDE) seems to be dominant. 

 

IV. Uses and Substitutes Summary 
U.S. Environmental Protection Agency 12/30/2009 

4

 PBDEs are added to materials to reduce the risk of fires and to increase escape time when 

a fire occurs. They were widely used in textiles, plastics and polyurethane foam. PBDE treated 

articles were used in the home, in business settings, and in the transportation sector. Articles 

which were often treated with PBDEs include carpets, upholstery fabric, cushions, and plastics 

used as components in electrical appliances and equipment. 

 Domestic manufacture of c-pentaBDE and c-octaBDE stopped in 2004 when the Great 

Lakes Chemical Corporation (now Chemtura Corporation) voluntary phased out their 

production. The EPA subsequently promulgated a SNUR (74 FR 34015, June 13, 2006) which 

requires that anyone who intends to manufacture or import a chemical substance or mixture 

containing any of the congeners present in c-pentaBDE or c-octaBDE notify EPA at least 90 

days in advance. The notice provides EPA with an opportunity to evaluate the intended new use 

and, if necessary, take action to limit or prohibit it. The SNUR did not address importation of 

articles to which c-pentaBDE or c-octaBDE has been added. 

 Most of c-pentaBDE’s consumption took place in the United States. It was used primarily 

as an additive flame retardant in flexible polyurethane foams. A 2002 study estimated that 80 

percent of c-pentaBDE was used in foam for furniture and mattresses, while the remaining 

amount was used in automotive applications (Hale et al., 2003). In 2005, EPA’s Design for the 

Environment (DfE) program completed an alternatives analysis for pentaBDE in furniture foam 

which provided data to inform substitution to safer alternatives 

(http://www.epa.gov/dfe/pubs/projects/flameret/index.htm). This work complemented the 

voluntary phase-out and the SNUR. 

c-OctaBDE was used in acrylonitrile-butadiene-styrene (ABS) plastic which was used as 

casing for certain electric and electronic devices used in both offices and homes. c-OctaBDE had 

a smaller market than c-pentaBDE and was more easily replaced. 

 c-DecaBDE, on the other hand, is still manufactured and widely used in the United States 

and abroad, although legislative action to restrict its use has been undertaken by some US states. 

Based on IUR data2 between 50 – 100 million pounds were manufactured or imported in the 

United States in 2005. That is of the same order of magnitude as the amount reported in 2002. 

 c-DecaBDE is an economical flame retardant because relatively small quantities are 

necessary to achieve a flame retardant effect. The three major product categories in which 

decaBDE are used as an additive flame retardant are: textiles, electronic equipment, and building 

and construction materials. Its primary use is in high impact polystyrene (HIPS) based products. 

Several potential substitutes exist for each major use of decaBDE. EPA has not evaluated the 

potential human health or environmental effects of all potential c-decaBDE substitutes. 

 

2 Information on Invertory update data is available at http://www.epa.gov/oppt/iur
U.S. Environmental Protection Agency 12/30/2009 

5

V. Hazard Identification Summary 

Human Health Effects 

 In its 2006 PBDE Project Plan, EPA summarized animal studies of various commercial 

mixtures and individual congeners which suggested potential concerns about liver toxicity, 

thyroid toxicity, developmental toxicity, and developmental neurotoxicity (EPA, 2006b). These 

findings and the presence of PBDEs in house dust and breast milk raise particular concerns about 

potential risks to children. 

 In 2008, EPA published peer reviewed Toxicological Reviews of four PBDE congeners: 

tetraBDE (BDE-47), pentaBDE (BDE-99), hexaBDE (BDE-153), and decaBDE (BDE-209), to 

support summary information on EPA's Integrated Risk Information System (IRIS)3 database 

(www.epa.gov/iris/). 

Neurobehavioral effects was identified as the critical endpoint of concern for each of the 

four congeners (EPA, 2008a-d). The protocols for the studies were unique and did not conform 

to health effects test guidelines for neurotoxicity. For decaBDE, EPA also proposed that the data 

support a finding of "suggestive evidence of carcinogenic potential" (EPA, 2008d). 

 Through EPA’s Voluntary Children’s Chemical Evaluation Program (VCCEP)4

, 

industry-sponsored screening level risk assessments for pentaBDE, octaBDE and decaBDE were 

developed to evaluate the potential risks to children and prospective parents from potential 

PBDE exposures. In August, 2005, EPA released its Data Needs Decision documents on PBDEs. 

Noting the evidence suggesting developmental and reproductive effects, EPA requested that the 

sponsors provide 2-generation reproductive toxicity studies for both pentaBDE and octaBDE, to 

characterize risks to children (EPA, 2005a-b). These data were not made available through 

VCCEP, as the companies ceased their sponsorship of pentaBDE and octaBDE under VCCEP. 

For decaBDE, EPA indicated a need to further understand fate and transport of decaBDE in the 

environment, particularly with respect to the significance of its lower BDE breakdown products, 

as this could relate to its risk characterization (EPA, 2005c). The decaBDE data needs were not 

met by the VCCEP sponsors and decaBDE was subsequently terminated from the VCCEP 

program. EPA then announced its intention to proceed with a test rule under TSCA section 4. 

Before a test rule could be proposed, however, the main manufacturers or importers, Albemarle 

Corporation, Chemtura Corporation and ICL Industrial Products volunteered to phase out 

manufacture, import and sales of decaBDE. However, some relatively minor importation may be 

taking place with other companies. 

Environmental Effects 

 At the time the EPA Project Plan was published in 2006, information on environmental 

effects of PBDEs was limited, with the most detailed reviews found in European Union risk 

 

3 Information on IRIS is available at http://www.epa.gov/iris/

4

 Information on VCCEP is available at http://www.epa.gov/oppt/vccep. 
U.S. Environmental Protection Agency 12/30/2009 

6

assessments of certain congeners. Since then, Environment Canada concluded that the greatest 

potential risks from PBDEs in the Canadian environment are the secondary poisoning of wildlife 

from the consumption of prey containing elevated concentrations of PBDEs and effects on 

benthic organisms that may result from elevated concentrations of certain PBDEs in sediments 

(Environment Canada, 2006). In a more recent report, Environment Canada has also concluded 

that decaBDE specifically is available for uptake in organisms and may accumulate to high and 

potentially problematic levels in certain species such as birds of prey or mammalian predators 

(Environment Canada, 2009a). 

Laboratory studies have shown that congeners associated with c-pentaBDE and coctaBDE are capable of producing adverse effects in a variety of organisms including birds, 

mammals, and fish. In some cases these effects were observed at exposures levels similar to 

levels found in the environment. American kestrels and chickens exhibited adverse effects in 

laboratory studies when exposed to levels of c-pentaBDE and c-octaBDE similar to those which 

have been observed in monitoring studies conducted in San Francisco Bay and the Great Lakes 

(McKernan et al., 2009). Adverse effects included histopathological changes in immune organs, 

altered reproductive behavior and decreased embryo survival and decreased hatching rates. 

Zhang et al. (2009) reported that c-pentaBDE produced adverse reproductive and developmental 

effects in ranch mink. Zhang et al. (2009) also conducted biomonitoring of wild mink from the 

Great Lakes region and concluded that margins of safety for mink are small and that mink from 

the Hamilton Harbor exceeded the no observed effect concentrations. Timme-Laragy et al. 

(2006) reported that c-pentaBDE produced developmental and behavioral effects of fish embryos 

including spine curvature and hatching delay. 

 Breakdown of PBDEs involves debromination, where highly brominated PBDEs can 

breakdown to form lesser brominated PBDEs. Although its overall significance is unclear, 

metabolic debromination of decaBDE to a variety of PBDE breakdown products has been 

observed in fish (carp, fathead minnows, rainbow trout; Kierkegaard et al., 1999; Stapleton et al., 

2004; Stapleton et al., 2006); birds (Van den Steen et al., 2007), cows (Kierkegaard et al., 2006) 

and rats (Huwe and Smith, 2007). There is increasing concern that this process can be a 

significant source of exposure to lower brominated congeners. 

 

VI. Physical-Chemical Properties and Fate Characterization Summary

PBDEs are expected to be minimally mobile in moving from soil to air or water, except 

as borne on particulate matter. Volatilization from moist soil surfaces is expected to be low to 

moderate depending on the number of bromine atoms. If PBDEs are released to water, the 

individual constituents of these complex mixtures would be expected to adsorb to sediment and 

suspended particulate matter, and it is thought that a substantial proportion is likely to be bound 

to particles in water. PBDEs are expected to exist in both the vapor and particulate phases in the 

ambient atmosphere based upon measured and estimated vapor pressures. The tetraBDE and 

pentaBDE congeners are distributed between vapor and particle phases but predominantly in the 

vapor phase; the hexa- and octaBDEs are mostly attached to atmospheric particles; and decaBDE 

is exclusively adsorbed to particles. Particulate phase compounds are removed from the 

atmosphere by wet and dry deposition (HSDB, 2009). 
U.S. Environmental Protection Agency 12/30/2009 

7

Based on available evidence, PBDEs can be debrominated under environmental 

conditions; however, the overall significance of this process is uncertain. DecaBDE undergoes 

photolytic and possibly microbial debromination under certain conditions (Environment Canada, 

2009a; Stapleton, 2006). Photolysis is expected to be the dominant transformation process for 

decaBDE where the substance is significantly exposed to light. For example, it has been found 

that decaBDE undergoes photolytic debromination in house dust (Stapleton and Dodder, 2008). 

DecaBDE would also be exposed to light when waste sludge containing PBDEs is used as a soil 

amendment (Hale et al., 2001). However, the hydrophobicity of PBDEs implies that in the 

aquatic environment they will tend to partition to benthic sediments, where light exposure is 

insignificant. 

 That PBDE congeners with four to ten bromine atoms are highly persistent based on 

several lines of evidence, but especially by a large body of environmental monitoring data in 

both the United States and abroad (Environment Canada, 2009a; Shaw and Kannan, 2009; 

Vonderheide et al., 2008). Available data also indicate that tetra-, penta-, and hexa-BDE are 

highly bioaccumulative (Environment Canada, 2006). After reviewing the available information, 

EPA has concluded that decaBDE likely contributes to the formation of bioaccumulative and/or 

potentially bioaccumulative transformation products such as lower brominated PBDEs in 

organisms and in the environment. Studies have shown that that photodegradation of decaBDE 

may result in PBDEs from tri- to nona- and biodegradation of decaBDE may result in nona-, 

octa- and heptaBDEs (as reviewed in Environment Canada 2009 a). 

The atmosphere and marine currents can transport PBDEs over relatively long distances 

(> 1,000 km). Evidence for this comes from the presence of PBDEs in the tissues of deep oceandwelling whales and other marine mammals far from anthropogenic sources (Shaw and Kannan, 

2009), as well as from modeling (Wania and Dugani, 2003). The body burdens of PBDE 

congeners in a wide variety of biota indigenous to geographical areas ranging from the equator to 

the poles also substantiate their propensity for long-range transport (LRT), and constitute 

evidence of environmental persistence (Environment Canada, 2006). 

VII. Exposure Characterization Summary

 

 In recent years, scientists have measured PBDEs in human adipose tissue, serum and 

breast milk, fish, birds, marine mammals, sediments, sludge, house dust, indoor and outdoor air, 

and supermarket foods. The mechanisms or pathways by which the PBDEs move into and 

through the environment and humans are not known, but are likely to include releases from 

manufacturing of the chemicals, manufacturing of products like plastics or textiles, aging and 

wear of products like sofas and electronics, and releases at the end of product life (disposal, 

recycling). In general, levels of PBDEs in humans and the environment are higher in North 

America than in other regions of the world, a finding that is often attributed to the greater use of 

pentaBDE in North America (EPAb, 2006). 

Environmental Exposure 

 The food chain is likely the largest contributor to environmental exposures with PBDE 

depositing in soil and water where fish and benthic organisms are initially exposed. 

Biomagnification occurs as predators up the food chain ingest the accumulated concentrations of 
U.S. Environmental Protection Agency 12/30/2009 

8

PBDEs from their prey (Chen et al., 2007; Voorspoels et al., 2007; Shaw and Kannan, 2009; 

Stapleton and Baker, 2003). In some studies evidence has been provided that the concentrations 

of PBDE in biota have doubled every 3 to 6 years, the doubling time depending on species, life 

stage, and location. PBDE concentrations in marine biota in North America are the highest in the 

world and are increasing (Shaw and Kannan, 2009). After reviewing the available information, 

EPA has concluded that the extent of accumulation of congeners is directly related to PBDE 

levels in diet. Observed differences in PBDE congener profiles in marine mammals from 

California, Alaska, and the Gulf of Mexico indicate that diet is a significant source of PBDE 

exposure in marine wildlife (Shaw and Kannan, 2009). 

 The concentration and distribution of congeners detected in the environment appears to 

depend on the proximity to a source of the congener in question and the media tested. Studies 

have been performed measuring waterways, sediments, and biota for PBDE concentrations in 

various known hot spots, such as the Great Lakes, the San Francisco Bay, and near a 

polyurethane foam manufacturing facility (ATSDR, 2004). 

Human Exposure 

 The general population is exposed to PBDEs through the use of consumer products. 

Body burden data indicate that the general population appears to be exposed to primarily lower 

brominated BDEs (e.g., tetra and penta). PBDEs have been detected in human tissue, blood 

(usually serum), and milk. The primary source of human exposure to PBDEs, especially the 

lower brominated congeners, may be from dietary intake, particularly high fat content foods 

(ATSDR, 2004). The lower brominated tetra- and penta- congeners have also been detected in air 

samples and indicate that inhalation may also be a potential route of exposure for the general 

population (ATSDR, 2004). Inhalation exposures could also occur from off gassing of PBDEs 

from furniture and electrical appliances into indoor air, but little information is known about the 

potential exposure through this route (ATSDR, 2004). Dermal exposure may occur through 

contact with PBDE-containing products such as polymers and textiles. A large number of human 

samples have been analyzed, and the PBDE concentrations have increased by a factor of ~100 

during the last 30 years (Hites as cited in 2007 BFR Conference abstracts). Exposures to PBDEs 

in some occupational settings, such as in computer recycling, can be higher than those of the 

general population (Cal/EPA PBDE Workgroup, 2008). 

 Recent human biomonitoring data are currently available from the Centers for Disease 

Control (CDS) Fourth National Report on Human Exposure to Environmental Chemical

(http://www.cdc.gov/exposurereport/). This report was released on December 10, 2009, but the 

PBDE data have been published in the peer-reviewed literature (Sjodin et al., 2008). Although 

this is the fourth report from this federal agency, it is the first time that PBDEs were included as 

analytes. The data were obtained from samples from participants in the 2003-2004 National 

Health and Nutrition Examination Survey (NHANES). Ten different PBDE congeners were 

analyzed for (containing from three to seven bromines), including BDE-47, BDE-85, BDE-99, 

BDE-100, BDE-153, BDE-154 and BDE-183. Participants were aged 12 years and older and 

decaBDE was not included. BDE-47 was detected in serum from almost all of the participants 

and at the highest concentrations and it was highest in 12-19 year olds and those 60 years old and 

above. Furthermore, serum levels were highest in 12-19 year olds for other lower brominated 
U.S. Environmental Protection Agency 12/30/2009 

9

congeners. In addition, these congeners were significantly correlated with each other, suggesting 

a similar pathway of exposure (Sjodin et al., 2008). 

 Lorber (2008), reviewed and synthesized the available information on exposure pathways 

for PBDEs, including the relative importance of different exposure pathways and how PBDEs 

get into various exposure media. The report explained the process used to gather exposure 

information, model body burden, and compare it to representative PBDE profiles in blood and 

milk. The analysis focused on indoor measurements of dust/soil and air, suggesting that the 

primary source for human exposures to PBDEs appears to be their use in commercial products 

that are part of the indoor environment (computer circuitry, foam cushions, fabrics in curtains, 

etc). Although the article recommended more research to verify the findings and better quantify 

identified uncertainties, it concluded that exposures to PBDEs through food and water ingestion 

and inhalation explained less than 20% of the human body burden, while 80 to 90% of total 

exposures in the indoor environment were through contact with house dust (Lorber, 2008). 

 To further examine exposure pathway issues, EPA and the USDA have collaborated on a 

study which examined the tissue distribution of PBDE congeners in male rats dosed to mimic 

PBDE exposure from food or household dust. This study found differences in PBDE congener 

distribution in the body. While the lower brominated congeners tended to distribute equally into 

lipids, plasma was the best matrix for detection of the higher brominated congeners (especially 

BDE-209), indicating that blood may be the most reliable matrix for overall PBDE 

biomonitoring (Huwe et al., 2008). 

 ATSDR (2004) states that a child’s exposure may differ from that of adults because 

children drink more fluids, eat more food, breathe more air per kilogram of body weight and 

have a larger skin surface area in proportion to body volume. Their diets and behavior patterns 

are also different. Infants who consume breast milk may have higher exposure to lower 

brominated BDEs than children who drink formula (ATSDR, 2004). PBDEs have been found in 

breast milk in the U.S. and in Europe. The median concentration of total PBDEs was found to be 

34.0 ng/g lipid, with the BDE 47 being the predominant congener present. Other populations 

identified with potentially high exposures are subsistence fishermen who consume PBDEcontaminated fish and Native Americans who reside in Arctic regions and consume whale and 

seal blubber (ATSDR, 2004). These populations are potentially exposed to lower brominated 

PBDEs (ATSDR, 2004). 

VIII. Risk Management Considerations

U.S. EPA and State/Local Regulatory Reviews and Actions 

PentaBDE and OctaBDE

 c-PentaBDE and c-octaBDE are no longer produced or imported in the United States. The 

sole domestic producer, Great Lakes Chemical (now Chemtura), voluntarily terminated their 

production in 2004. In 2006, EPA issued a SNUR (74 FR 34015, June 13, 2006) that requires 

anyone who intends to manufacture or import any of the PBDE congeners found in c-pentaBDE 

and c-octaBDE to notify the Agency at least 90 days in advance. The required notification would 

provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or 
U.S. Environmental Protection Agency 12/30/2009 

10

limit the activity before it occurs. However, the SNUR did not address the import of articles 

containing penta- or octa-BDEs. 

Several states including California, Hawaii, Illinois, Maine, Maryland, Michigan, 

Minnesota, New York, Rhode Island, Oregon and Washington have banned c-pentaBDE and coctaBDE. 

DecaBDE

In the United States, decaBDE remains available for all uses and no federal action has 

been taken to restrict its use. DecaBDE was included in OPPT’s Voluntary Children’s Chemical 

Evaluation program (VCCEP) which identified a number of environmental fate testing needs. 

The c-decaBDE manufacturers did not adequately address these testing needs within VCCEP. 

Consequently, EPA announced its intention to proceed with a test rule under TSCA section 4. 

 The principal manufacturers and importer of c-decaBDE have committed to phase out 

the manufacture, import and sales of c-decaBDE starting in 2010. Ordinary production, import 

and sales of c-decaBDE would cease no later than December 31, 2012. Certain uses such as 

transportation uses or military applications may require an additional year to phase out. In any 

case the companies would cease sales for these uses no later than December 31, 2013. EPA 

intends to encourage other importers of c-decaBDE to join this effort. The commitment under 

discussion would not affect articles made with decaBDE. Recycling of materials containing 

decaBDE would also not be affected by the commitment. 

Washington State banned the use of decaBDE in mattresses as of January 2008, and 

starting in January 2011, decaBDE will be prohibited from use in televisions, computers and 

upholstered furniture. Maine also banned decaBDE in mattresses and upholstered furniture as of 

January 2008 and will extend that ban to televisions and other plastic encased electronics by 

January 2010. Washington State and Maine conducted studies which concluded that adequate 

substitutes for decaBDE exist. Other states, such as Maryland and Oregon, have introduced 

similar legislation to ban the sale of products containing this flame retardant (Buckley, 2009). 

 

International Regulatory Reviews and Actions 

PentaBDE and OctaBDE

The European Union has banned both c-pentaBDE and c-octaBDE. The ban prohibits 

goods containing octaBDE and pentaBDE from being placed on the market in the EU. 

TetraBDE, pentaBDE, hexaBDE, and heptaBDE have been listed in Annex A of the Stockholm 

Convention (SC). Parties to the SC are required to prohibit or take measures to eliminate 

production and use of chemicals listed in Annex A. The listing for these PBDEs includes a 

specific exemption for articles containing these substances, and also permits recycling of such 

articles. TetraBDE, pentaBDE and hexaBDE are components of c-pentaBDE; hexaBDE and 

heptaBDE are components of c-octaBDE. Thus c-pentaBDE and c-octaBDE are effectively 

designated for elimination under the SC. 
U.S. Environmental Protection Agency 12/30/2009 

11

Canada's regulations effective in June 2008 prohibit manufacture of the tetra- through 

decaBDEs which resulted in prohibiting manufacture of the three commercial mixtures also. 

Canada is also working on regulatory controls to restrict PBDEs in manufactured and imported 

products (Environment Canada, 2009b). 

Summaries of country actions to ban or severely restrict PBDEs can be found in the 

respective Risk Management Evaluations for each located on the Stockholm Convention website 

at http://chm.pops.int.

DecaBDE

As of July 1, 2008, the European Union banned decaBDE from use in electronics and 

electrical applications (Joined Cases C-14/06 and C-295/06). The ban applies to manufactured 

and imported electronics and electrical components in items placed on the market under its 

Restriction on Hazardous Substances Directive. However, decaBDE is allowed for use in other 

applications. 

In addition to the regulations cited above, Environment Canada in March 2009 published 

for public comment a draft Performance Agreement for DecaBDE used at Canadian 

manufacturing facilities aimed at monitoring and minimizing release of c-decaBDE 

(Environment Canada, 2009b).

Ongoing Activities and Issues 

c-PentaBDE and c-OctaBDE

PBDE congeners found in c-pentaBDE and c-octaBDE are widely distributed in soil, 

sediments and living organisms, including humans. PBDEs have been found in human tissue, 

blood and breast milk. The predominant congeners present tend to be the lower brominated 

forms (i.e., tetraBDE and pentaBDE). Infants and children as well as people who are 

occupationally exposed may be exposed at higher levels than the general public. 

These chemicals persist in the environment and remain biologically available for a 

significant period of time. Some reports indicate their levels in both the environment and living 

organisms, including humans, are increasing. There are reports that these chemicals biomagnify 

as evidenced by high levels reported in some predators such as falcons, dolphins and seals. The 

presence of PBDEs in remote environments, such as the arctic, indicates that they may be subject 

to long range transport. The environmental fate and transport, as well as the routes of exposure 

for humans and other organisms, are not fully understood. 

Exposure to PBDEs raises concerns for adverse effects to both humans and wildlife. 

EPA’s IRIS database identifies neurobehavioral effects as the critical endpoint of concern for the 

principal congeners present in c-pentaBDE and c-octaBDE. Laboratory studies have shown that 

congeners associated with c-pentaBDE and c-octaBDE are capable of producing adverse effects 

in a variety of organisms including birds, mammals, and fish. In some cases these effects were 

observed at exposures levels similar to levels found in the environment. 

 
U.S. Environmental Protection Agency 12/30/2009 

12

c-PentaBDE and c-octaBDE were withdrawn from the U.S. market in 2004. Each of the 

congeners contained in them is subject to a significant new use rule and may not be produced or 

imported in to the U.S. without advance notice to the EPA. The SNUR does not address articles 

to which these chemicals have been added. Although it does not appear that treated articles are 

currently being imported, that activity, if it were to resume, could be a potential source of 

exposure to PBDEs for humans and the environment. 

c-DecaBDE

DecaBDE is expected to be persistent in the environment. It is widely found in sediments, 

sewage sludge, and dust particles in indoor air. Some reports indicate that environmental 

concentrations are increasing. 

There is evidence that decaBDE is entering the food chain and biomagnifying. It has been 

found at high levels in predators such as peregrine falcons. There are very little data on the 

environmental toxicity of decaBDE; however there have been reports that it can be metabolized 

in organisms to lower brominated forms with known toxic effects. 

EPA’s IRIS database identifies neurobehavioral effects as the critical endpoint of concern 

for decaBDE. EPA also proposed that the data support a finding of "suggestive evidence of 

carcinogenic potential". 

Human exposure to decaBDE may occur in the home or work environment through the 

use of products to which it has been added. Exposure may also occur as a result of exposure to 

house dust containing decaBDE. 

Although decaBDE is still being manufactured, imported and processed in the U.S., the 

Agency believes that there are suitable alternatives for all major uses of the chemical. 

Furthermore, the Agency believes that persons engaging in these activities are likely to 

voluntarily discontinue them. 

Children’s Health

 PBDEs are a concern for children’s health. The most sensitive outcome of PBDE 

exposure is adverse neurobehavioral effects following exposure during the postnatal period. 

PBDEs are used as flame retardants in many household products, and consequently PBDEs are 

present in house dust and environmental media (e.g., air, food). Children’s exposures to PBDEs 

are greater than those of adults due to higher intakes of food, water, and air per pound of body 

weight, as well as child-specific exposure pathways such as breast milk consumption and 

increased contact with the floor. International biomonitoring data report that children have the 

highest exposures to PBDEs; biomonitoring data have found PBDEs in cord blood and human 

milk. Some evidence suggests that there is an overlap in the range of PBDE toxicity and the 

range of current exposures. Thus, given the pervasive exposure to PBDEs, the persistence and 

bioaccumulation of PBDEs in the environment, and studies finding deleterious health effects, 

EPA believes risk management actions are warranted to insure adequate protection of children’s 

health. 
U.S. Environmental Protection Agency 12/30/2009 

13

X. Next Steps

 In conducting this review of PBDEs, EPA considered a number of potential risk 

management actions, including regulatory actions under TSCA sections 4, 5 and 6; cooperative 

activities with other federal agencies; and voluntary actions through such programs as Design for 

the Environment (DfE). 

Based on its screening-level review of hazard and exposure information EPA intends to 

initiate actions to protect the humans and the environment from exposure to PBDE congeners of 

concern due to manufacture (including import) of commercial PBDEs and/or articles to which 

they have been added. 

On the basis of existing information, the Agency believes that the following actions would be 

warranted: 

1. Initiate rulemaking to propose a TSCA significant new use rule (SNUR). The significant 

new use would be manufacture or import of articles to which c-pentaBDE or c-octaBDE 

has been added. This designation would require anyone who intends to manufacture or 

import articles to which these chemical substances have been added to notify EPA at least 

90 days in advance. The required notification would provide EPA with the opportunity to 

evaluate the intended use and, if necessary, to prohibit or limit the activity before it 

occurs. A notice of proposed rulemaking is intended to publish in 2010. 

2. Support and encourage the voluntary phase out of manufacture and import of c-decaBDE. 

a) As a result of negotiations with EPA, several companies have announced that they 

will undertake a three year phaseout of decaBDE. They have committed to initiate 

reductions of manufacture, import and sales of decaBDE starting in 2010. Ordinary 

production, import and sales of decaBDE would cease no later than December 31, 

2012. Certain uses such as transportation uses or military applications may require an 

additional year to phase out. In any case the companies would cease sales for these 

uses no later than December 31, 2013. 

(http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/deccadbe.html) 

b) EPA intends to encourage other importers of decaBDE to join this effort. 

c) The voluntary phase out is not designed to address articles made with c-decaBDE.. 

Recycling of materials containing decaBDE would also not be affected by the 

commitment. 

3. Initiate rulemaking to simultaneously propose a SNUR and a test rule for c-decaBDE in 

2010. 

a) The SNUR would designate manufacture (including import) of c-decaBDE or articles 

to which c-decaBDE has been added as a significant new use. Essential uses and any 

other uses which have not been voluntarily phased out would not be included in the 

SNUR. The SNUR would be promulgated after the voluntary phase out is complete; 

b) The test rule under section 4 of TSCA would require development of information 

necessary to determine the effects that manufacturing, use or other activities 

involving c-decaBDE have on human health or the environment; 
U.S. Environmental Protection Agency 12/30/2009 

14

If the Agency determines that any manufacture (including import) of c-decaBDE or 

articles to which c-decaBDE has been added has not ceased, it intends to promulgate the 

test rule. 

4. Initiate rulemaking under section 5(b)(4) of TSCA to add the commercial PBDE mixtures 

and/or the congeners they contain to the list of chemicals which present or may present 

an unreasonable risk to health or the environment. A notice of proposed rulemaking is 

intended to publish in autumn, 2010. 

5. Develop an alternatives analysis for c-decaBDE. The alternatives analysis, which is 

intended to begin in spring 2010, will evaluate the efficacy, availability, cost and hazard 

levels of alternatives for a subset of critical uses of c-decaBDE. As part of its inquiry, 

EPA will explore the potential risks presented by PBDE substitutes. The alternatives 

analysis is intended to aid users of c-decaBDE in selecting suitable alternatives and 

avoiding unintended consequences. 

 As part of the Agency’s efforts to address these chemicals, EPA intends to evaluate the 

potential for disproportionate impact on children and other sub-populations. The Agency will 

also continue to analyze the science as it pertains to making any necessary findings for the 

rulemakings indicated above 

XI. References

ATSDR. 2004. Agency for Toxic Substances and Disease Registry. Toxicological Profile for Polybrominated 

Diphenyl Ethers and Polybrominated Biphenyls. www.atsdr.cdc.gov/toxprofiles/tp68.html. 

Buckley, Liz. April 6, 2009. “Environment Canada proposes ban on decaBDE in electronics.” Pesticide & Toxic 

Chemical News, volume 37, number 22, page 1. 

Cal/EPA PBDE Workgroup. 2008. Polybrominated Diphenyl Ethers: Recommendations to Reduce Exposure in 

California. California Environmental Protection Agency, Sacramento, California. February 2006. 

Chen D, B Mai, J Song, Q Sun, Y Luo, X Luo, EY Zeng, RC Hale. 2007. Polybrominated diphenyl ethers in birds of 

prey from Northern China. Environ Sci Technol. 2007, 41,1828-1833. 

Environment Canada. 2006. Ecological Screening Assessment Report on 

Polybrominated Diphenyl Ethers (PBDEs). Available from: 

http://www.ec.gc.ca/CEPARegistry/documents/subs_list/PBDE_SAR/PBDEs_SAR_EC_June_2006_%28en%29.pd

f. 

Environment Canada. 2009a. State of the Science Report on the Bioaccumulation and 

Transformation of Decabromodiphenyl Ether (DRAFT). Available from: 

http://www.ec.gc.ca/ceparegistry/subs_list/decaBDE/SR_TOC.cfm. 

Environment Canada, 2009b. Risk management strategy for Polybrominated Diphenyl Ethers (PBDEs), revised 

March, 2009. Available from: http://www.ec.gc.ca/Toxics/docs/substances/PBDE/rrms/en/intro.cfm. 

EPA, 2005a. Voluntary Children's Chemical Evaluation Program: Data Needs Decision Document of 

Pentabromodiphenyl Ether, June, 2006. Available at: http://www.epa.gov/oppt/vccep/pubs/finalpenoct.pdf. 

EPA, 2005b. Voluntary Children's Chemical Evaluation Program: Data Needs Decision Document of 

Octabromodiphenyl Ether, June, 2006. Available at: http://www.epa.gov/oppt/vccep/pubs/finalpenoct.pdf. 
U.S. Environmental Protection Agency 12/30/2009 

15

EPA, 2005c. Voluntary Children's Chemical Evaluation Program: Data Needs Decision Document of 

Decabromodiphenyl Ether, June, 2006. Available at: 

http://www.epa.gov/oppt/vccep/pubs/finaldeca.pdf

EPA, 2006b. Polybrominated Diphenyl Ethers (PBDEs) Project Plan. March, 2006. Available at 

http://www.epa.gov/oppt/pbde/pubs/proj-plan32906a.pdf (accessed Dec. 15, 2009). 

EPA, 2008a. Toxicological Review of 2,2',4,4' -Tetrabromodiphenyl Ether (BDE-47), EPA/635/R-07/005F, 

June,2008. 

EPA, 2008b. Toxicological Review of 2,2',4,4',5-Pentabromodiphenyl Ether (BDE-99), EPA/635/R-07/006F, 

June,2008. 

EPA, 2008c. Toxicological Review of 2,2',4,4',5,5’-Hexabromodiphenyl Ether (BDE-153), EPA/635/R-07/007F, 

June,2008. 

EPA, 2008d. Toxicological Review of Decabromodiphenyl Ether (BDE-209), EPA/635/R-07/008F, June,2008. 

Hale RC, M J La Guardia, EP Harvey, MO Gaylor, TM Mainor, WH Duff. 2001. Persistent pollutants in landapplied sludges. Nature, 2002, 412,140-141. 

Hale, R. C.; Alaee, M.; Manchester-Neesvig, J. B.; Stapleton, H. M.; Ikonomou, M. G. Polybrominated diphenyl 

ether flame retardants in the North American environment. Environ. Int. 2003, 29 (6), 771–779. 

HSDB. 2009. Hazardous Substances Data Bank. United States National Library of Medicine, 

http://toxnet.nlm.nih.gov/cgi-bin/sis/htmlgen?HSDB. Accessed October 2009 for penta-, octa- and 

decabromodiphenyl ethers. 

Penta: http://toxnet.nlm.nih.gov/cgi-bin/sis/search/f?./temp/~YGjnGM:1 

Octa: http://toxnet.nlm.nih.gov/cgi-bin/sis/search/f?./temp/~YGjnGM:5 

Deca: http://toxnet.nlm.nih.gov/cgi-bin/sis/search/f?./temp/~YGjnGM:7 

Huwe, J.K., Hakk, H., and Birnbaum, L.S. 2008. Tissue distribution of polybrominated diphenyl ethers in male rats 

and implications for biomonitoring. Environ. Sci. Technol. 2009, 42, 7018–7024 

Huwe, J. K. and D. J. Smith (2007). Accumulation, Whole-Body Depletion, and Debromination of 

Decabromodiphenyl Ether in Male Sprague−Dawley Rats Following Dietary Exposure. Environmental Science & 

Technology 41(7): 2371-2377. 

Joined Cases C-14/06 and C-295/06: Judgment of the Court (Grand Chamber) of 1 April 2008 — European 

Parliament (C-14/06), Kingdom of Denmark (C-295/06) v Commission of the European Communities (Directive 

2002/95/EC — Electrical and electronic equipment — Restriction of use of certain hazardous substances — 

Decabromodiphenyl ether (‘DecaBDE’) — Commission Decision 2005/717/EC — Exemption of DecaBDE from 

the prohibition on use — Actions for annulment — Commission's implementing powers — Infringement of the 

enabling provision), Notice No. 2008/C 116/04, Official Journal of the European Union, C116, Vol. 51, May 9, 

2008 

Kierkegaard, A., L. Asplund, et al. (2006). Fate of Higher Brominated PBDEs in Lactating Cows. Environmental 

Science & Technology 41(2): 417-423. 

 

Lorber, M. 2008. Exposure of Americans to polybrominated diphenyl ethers. Journal of Exposure Science and 

Environmental Epidemiology 2008, 18, 2-19. 

McKernan, M. A., B. A. Rattner, et al**. 2009. "Toxicity of Polybrominated Diphenyl Ethers (De-71) In Chicken 

(Gallus Gallus), Mallard (Anas Platyrhynchos), and American Kestrel (Falco Sparverius) Embryos and Hatchlings." 

Environmental Toxicology and Chemistry 2009, 28(5), 1007-1017. 
U.S. Environmental Protection Agency 12/30/2009 

16

Park, J.-S., A. Holden, et al. (2009). "Time-Trends and Congener Profiles of PBDEs and PCBs in California 

Peregrine Falcons (Falco peregrinus)." Environmental Science & Technology** 

Shaw SD, Kannan K. 2009. Polybrominated diphenyl ethers in marine ecosystems of the American continents: 

foresight from current knowledge. Rev Environ Hlth 2009, 24, 157-229. 

Sjodin, A., Wong, L.Y., Jones, R.S., Park, A., Zhang, Y., Hodge, C., Dipietro, E., McClure, C, Turner, W., 

Needham, L.L. and Patterson, D.G. 2008. Serum concentrations of poly6brominated diphenyl ethers (PBDEs) and 

polybrominated biphenyl (PBB) in the United States population: 2003-2004. Environ. Sci. Technol. 2008, 42,1377-

1384. 

Stapleton HM. 2006. Brominated flame retardants: assessing the decaBDE debromination in the environment. 

Health and Environmental Alliance (formerly the EPHA Environmental Network (EEN)), May 2006. ** 

Stapleton HM, M Alaee, RJ Letcher, JE Baker. 2004a. Debromination of the flame retardant decabromodiphenyl 

ether by juvenile carp (Cyprinus carpio). Environ Sci Technol 2004, 38,112-119. 

Stapleton HM, JE Baker. 2003. Comparing polybrominated diphenyl ether and polychlorinated biphenyl 

bioaccumulation in a food web in Grand Traverse Bay, Lake Michigan. Arch Environ Contam Toxicol 2003, 

45,227–234. 

Stapleton HM, B Brazil, RD Holbrook, CL Mitchelmore, R Benedict, A Konstantinov, D Potter. 2006. In vivo and 

in vitro debromination of decabromodiphenyl ether (BDE 209) by juvenile rainbow trout and common carp. Environ 

Sci Technol 2006, 40, 4653-4658. 

Stapleton HM, NG Dodder. 2008. Photodegradation of decabromodiphenyl ether in house dust by natural sunlight. 

Environ Toxicol Chem 2008, 27,306-312. 

Timme-Laragy AR, Levin DE, Di Giulio RT. 2006. Developmental and behavioral effects of embryonic exposure to 

the polybrominated diphenylether mixture DE-71 in the killifish (Fundulus heteroclitus). Chemosphere 2006, 62,

1097-1104. 

Van den Steen, E., A. Covaci, et al. (2007). Accumulation, tissue-specific distribution and debromination of 

decabromodiphenyl ether (BDE 209) in European starlings (Sturnus vulgaris). Environmental Pollution 148(2): 648-

653. 

Vonderheide, A. P., K. E. Mueller, et al. (2008). Polybrominated diphenyl ethers: Causes for concern and 

knowledge gaps regarding environmental distribution, fate and toxicity. Science of The Total Environment 400(1-3): 

425-436. 

Voorspoels, S., A. Covaci, et al. (2006). Biomagnification of PBDEs in Three Small Terrestrial Food Chains. 

Environmental Science & Technology 41(2): 411-416. 

Wania F, CB Dugani. 2003. Assessing the long-range transport potential of polybrominated diphenyl ethers: a 

comparison of four multimedia models. Environ Toxicol Chem 2003, 22,1252–1261. 

Zhang S, Bursian SJ, Martin PA, Chan HM, Tomy G, Palace VP, Mayne GJ, Martin JW. 2009. Reproductive and 

developmental toxicity of a pentabrominated diphenyl ether mixture, DE-71, to ranch mink (Mustela vison) and 

hazard assessment for wild mink in the Great Lakes region. Toxico.l Sci 2009,.110 (1),107-116